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Deutsch: Der Datenschutzbeauftragte äußert sich zum Stockholmprogramm

After the release of the Stockholm Programme considered by civil rights groups as enhancing the "dangerously authoritarian" European surveillance and security system, the European Data Protection Supervisor (EDPS) published on 13 July 2009 his opinion on the new system.

The EDPS demands for a stronger focus on fundamental rights in the Stockholm programme which is due to be adopted by the European Council in December 2009. Thus, he endorses the strategic approach of giving data protection a prominent place in the European Commission Communication on this topic, explaining this position:

"Indeed, many initiatives in the Area of freedom, security and justice rely on the use of personal data, and good data protection is crucial for their success. Respect of privacy and data protection is not only a legal obligation with an increasing recognition at EU level, but is also an issue which is crucial for European citizens, as shown by the results of the Eurobarometer. Moreover, restricting access to personal data is also crucial to ensure trust by law enforcement agencies."

In achieving this goal, the EDPS emphasises the need for a comprehensive data protection scheme covering all areas of EU competence, regardless of the entry into force of the Lisbon Treaty. He also points out that "the notion of a comprehensive data protection scheme based on a general legal framework does not exclude the adoption of additional rules for data protection for the police and the judicial sector."

EDPS also supports the reaffirmation of the purpose limitation principle as a cornerstone of the data protection law, but does not forget to focus on the possibilities to improve the effeciency of the application of data protection principles.

The Programme should promote "Privacy by design" and privacy aware technologies. As regards sensitive information, the EDPS reaffirms the necessity to develop substantive criteria for the use of biometric data, ensuring that the data are only used when necessary, adequately and proportionately, and when an explicit, specified and legitimate purpose has been demonstrated by the legislator.

The concept of free movement of personal data, as presented in the EDPS opinion is criticized by Tony Bunyan: "However, the Opinion introduces a strange new interpretation of "free movement" - one of the four founding rights of the EU. "Free movement" is well understood to mean the right of people to move around within the EU. The EDPS argues that "free movement" also comprises "the free movement of (personal) data". But should it? The "free movement of personal data" is the invention of the state (EU and national) and big business. It does not give the people more rights, quite the reverse because they have little or no control over the use of their personal data."

In fact, the Stockholm Programme is not even popular in Stockholm, as public protests against the programme are organized on 15-17 July in Humlegården, Stockholm supported by the Swedish Pirate Party. Rick Falkvinge, founder of the Swedish Pirate Party, commented on his blog: "it feels almost obscene to the Swedish capital city synonymous with a package whose purpose is to introduce a Bodström Samhälle beyond what was previously seen, and the elimination of legal civil rights protection for it."

Area of freedom, security and justice: EDPS calls for strong emphasis on fundamental rights in future Stockholm Programme (13.07.2009)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/...

Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament and the Council on an Area of freedom, security and justice serving the citizen (10.07.2009)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/...

The "Stockholm Programme" - "The Shape of Things to Come"
http://www.statewatch.org/stockholm-programme.htm

Protests Organizing Over 'Big Brother' Stockholm Program (12.07.2009)
http://www.zeropaid.com/news/86633/protests-organizing-over-big-brothe...

EDRi-gram: Stockholm programme - the new EU dangerous surveillance system (17.06.2009)
http://www.edri.org/edri-gram/number7.12/stockholm-programme-eu-survei...